Does a jury have to find that appellant personally discharged a firearm causing great bodily injury?

California, United States of America


The following excerpt is from People v. Rodriguez, 2d Crim. No. B256431 (Cal. App. 2016):

(a); People v. Perez, supra, 50 Cal.4th at p. 229.) Similarly, to find true the section 12022.53, subdivision (d) enhancement, the jury had to find that appellant personally discharged a firearm causing great bodily injury. While this enhancement necessarily requires appellant to engage in some level of violence, it does not require "great" violence or a high degree of cruelty. The trial court's use of these aggravating circumstances did not violate rule 4.420.

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